Commonwealth v. Barsell

The Commonwealth appeals from an order of a Superior Court judge granting the defendant’s amended motion to vacate a judgment and ordering resentencing on the ground that solicitation of a felony, here murder, is only punishable as a misdemeanor. We transferred the case to this court on our own motion and we affirm.

I

On July 7, 1993, Barsell pleaded guilty to a charge of solicitation to commit murder, and received a sentence of from six to ten years in State prison, suspended for five years. The defendant moved to have the sentence vacated on the ground that solicitation to murder is a common…